|
|
|
|
|
|
|
102 HEPBURN'S CASE.
bracing every item of that in the hand-writing of the executor
except the before mentioned last one in it, in which there is, on the
debit side, an entry in the following words: '1779, January 12th,
with £433 6s. 8d. continental money received of W. & R. Molli-
son for £260 sterling, in part of their balance, is specie at 10 for 1,
£43 6s. 8d.'
It further appears, that the whole of the debts due to the Molli-
sons, with all their property in Maryland, were liable to the opera-
tion of the acts of October, 1780, ch. 5 and 45, and the laws sub-
sequently passed in relation to the same subject; that in the year
1782, two special acts of Assembly were passed authorizing
Thomas Contee to collect debts due to the Mollisons in this state,
to satisfy himself and their other creditors and to pay the residue
into the treasury; that on the 13th of September, 1784, the holders
of the bill of exchange commenced suit upon it against Philip
Thomas the endorser, and having obtained judgment, it was super-
seded by him, and on the 20th of May, 1786, the drawer, Samuel
C. Hepburn, became one of the sureties in the superseder's bond;
which judgment was afterwards on the 16th of June, 1789, fully
satisfied by Hepburn. That Samuel C. Hepburn the executor re-
ceived assignments of debts due to the Mollisons, amounting
together to $840 71; one of which assigned debts due from Jona-
than Simmonds, having been secured by a bond given to the exe-
cutor on the 26th of August, 1790, must have been assigned before
that time; but when does not appear. There is nothing to shew
the exact time when any of the assignments were made; from any
thing that does appear they might all have been made before the
year 1790.
It further appears, that an advertisement was inserted for six
weeks in the Annapolis newspapers, in the year 1806, calling on
the creditors of the Mollisons to meet their agent to hear proposi-
tions respecting claims against them, of which the executor Hep-
burn had notice; that the executor Samuel C. Hepburn, always
resided in Prince Georges county, where he died about the middle
or latter end of the year 1806; that on the 22d of June, 1821, a
bill was filed by the petitioner John M. Hepburn and others, as the
representatives of the late John Hepburn, entitled to the residue of
his estate; making this claim against the state, and stating, that
sums had been paid into the treasury under the act of Octo-
ber, 1780, ch. 5; out of which they prayed, that the claim might
be satisfied; then prayed process against the Mollisons, the trea-
|
|
|
|
|
|
|
|
 |
